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IN THE MATTER OF
HALLECK G. RICHARDSON,
AND; Case No. 96D-217
CLAUDINE DOMBROWSKI
__________________________________
Pursuant to K.S.A. CHAPTER 60
COMES NOW, Claudine Dombrowski (Respondent), and moves this Court to follow its own
laws and to correct without any further delay the illegal, immoral, unconstitutional and human
rights violations to which this court has made order on Dec 16, 2008. Discrimination American
with Disabilities Act.
IN SUPPORT of this Motion, Respondent states and alleges as follows: This Court has
a multitude of motions that have not been heard and or ignored, It has been over five
years of constant requests, filings, affidavits and a plethora of other records, reports and
evidence, that this case demands the immediate attention and restoration of due process,
finding of any fact and immediate restoration of child parent equal access under Federal,
• Parental Interference and denial of parenting time with out any ‘finding of
fact’.
• Continued denial of ‘due process’.
• Further relief. 60-1703 K.S.A.
Statement of Facts:
1. The current non journalized order of the court, Judge David Debenham, of
December 16, 2008 is in has error and can not base the respondents parenting time on the
conditions of the minor child.
“Kimbrell appeals the trial court's decision regarding parenting time with his
16-year-old son Evan Kimbrell. The issue in this case is whether the trial court
can condition a noncustodial parent's right to parenting time with his or her
minor child upon the desires of the child. We determine that this cannot be
done.”
K.S.A. 2004 Supp. 60-1616(a) makes it clear that a parent has a right to
reasonable parenting time with his or her minor child "unless the court finds,
after a hearing, that the exercise of parenting time would seriously endanger the
child's physical, mental, moral or emotional health." Conditioning parenting
time on the wishes of a minor child improperly gives the child the authority to
determine a noncustodial parent's rights to parenting time and visitation and
can have the effect of completely denying the noncustodial parent's rights to
parenting time.
The trial court can not base parenting time contingent on the condition of
‘therapy’ as this serves a denial of due process by giving a mental health
profession the ‘control’ of a parental rights.
Therefore, the Odyssey report of Dec 16th , 2008 recommendations of ‘therapy’ and parenting,
the Court continues to error in withholding parenting time on the condition of therapy between
minor child and mother, is a denial of mother’s right to ‘due process’.
Further;
It is well established that parents have fundamental rights in the custody and control of
their children under the Due Process Clause of the Fourteenth Amendment of the
United States Constitution. See, e.g. Troxel v. Granville, 530 U.S. 57, 65-66, 147 L. Ed.
2d 49, 120 S. Ct. 2054 (2000). In In re Cooper, 230 Kan. 57, 64, 631 P.2d 632 (1981),
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"The Fourteenth Amendment to the United States Constitution provides: 'No State
shall . . . deprive any person of life, liberty, or property, without due process of law.'
A parent's right to establish a home and direct the upbringing and education of children
Kansas law as codified in K.S.A. 2004 Supp. 60-1610(a)(2)-(5) and K.S.A. 2004 Supp.
60-1616(a) and (c) makes it clear that parents have a right to parenting time and visitation
with their children, absent exceptional circumstances, such as a threat to the children's
welfare that noncustodial parents have a natural right to visitation with their children. See
Maxwell v. LeBlanc, 434 So. 2d 375, 376 (La. 1983) (right of visitation for noncustodial
parent is natural right); Kulla v. McNulty, 472 N.W.2d 175, 182 (Minn. App. 1991)
parent[.]'"); Young v. Young, 212 App. Div. 2d 114, 122, 628 N.Y.S.2d 957 (1995)
(visitation is joint right of noncustodial parent and child); Pettry v. Pettry, 20 Ohio App.
3d 350, 352, 486 N.E.2d 213 (1984) (noncustodial parent's visitation right is natural
Under K.S.A. 2004 Supp. 60-1616(a), "[a] parent is entitled to reasonable parenting time
unless the court finds, after a hearing, that the exercise of parenting time would
seriously endanger the child's physical, mental, moral or emotional health." Without
such a finding, however, K.S.A. 2004 Supp. 60-1616(a) indicates that a trial court
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60-1703. Further relief. Further relief based on a declaratory judgment may be
having jurisdiction to grant the relief. If the application is sufficient, the court, on
reasonable notice, shall require any adverse party whose rights have been
adjudicated by the declaratory judgment, to show cause why further relief should not
be granted.
WHEREFORE, the respondent request an order be issued immediately restoring parenting time,
In COMPLETE accordance with the KS Court of Appeals, State Law and County Guidelines,
return of disability benefits back the beneficiary to which they are drawn- the mother, recuse
Guardian ad litem Jill Dykes and to do what a court is supposed to do- be ‘just’ and serve
‘Justice’
Cc Judicial Ethics Committee, Attorney General Office-Domestic Violence Task Force Division and
Dorthy Halley- Victims Rights Coordinator, Kansas Coalition of Sexual Assault and Domestic Violence,
Governor Kathleen Sebelius, Stop Family Violence, NY, NY and the Battered Mothers Custody
Conference, Albany, NY Anthony Fadale Kansas ADA Coordinator, Jim Morrison, Lance Kinzner
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CERTIFICATE OF SERVICE
I hereby certify that on the 27th day of January, 2009, that I filed MOTION FOR COURT TO
BE IN COMPLIANCE WITH CURRENT FEDERAL, STATE AND KANSAS
APPEALLATE RULINGS IN THAT THE LAST OF ORDER OF THIS COURT
(DECEMBER 16, 2008) IS IN DIRECT VIOLATION OF AND DEMANDS THE COURT
TO CORRECT ITS ILLEGAL RULING IMMEDIATELY AND TAKE ANY ALL
FURTHER STEPS TO BE IN COMPLIANCE WITH THE CURRENT LAWS
SETFORTH. with the Clerk of the District Court, Chief Judge Nancy Parrish and to Judge
Debenham, 200 SE 7th Street, Topeka, Kansas 66603, by facsimile in accordance with Supreme
Court Rule 119(b)(3) and sent a copy of the forgoing document, by U.S. Mail, postage prepaid to:
Don Hoffman
100 E. 9th Street
Topeka, KS 66612
Jill Dykes
1243 SW Topeka Blvd.
Topeka, KS 66612
Anthony Fadale
Kansas ADA Coordinator
(hand delivered)
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